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(영문) 대구지방법원 2020.04.08 2019나308844
소유권이전등기
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The status H of the parties is a public official who was convicted of a violation of the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission (hereinafter “Corruption Act”), including the Prevention of Corruption and the Act on the Establishment and Management of the Anti-Corruption and Civil Rights Commission (hereinafter “Corruption Prevention Act”) that he/she acquired, directly or by third parties, all real estate shares of the Plaintiffs listed in

The Plaintiffs are those who have acquired some shares of each real estate as shown in the attached list 1.

Plaintiff

B is the children of Plaintiff A.

Plaintiff

A asserts that it concluded a title trust agreement with Plaintiff B and acquired the real estate listed in attached Table 1 List No. 2 in the name of Plaintiff B, and the criminal judgment against H was recognized as such.

However, since there is no evidence that the real estate seller knew of such a title trust agreement, it is reasonable to view that the Plaintiff B acquired the ownership effectively.

The defendant is the title holder of registration who completed the registration of ownership transfer as a ground for registration of the judgment of confiscation finalized for the whole real estate subject to the plaintiffs' shares in attached Table 1.

B. On December 2, 2015, the Plaintiffs and H’s transfer registration (1) purchased 1/2 shares of 1/2 of the 1,565 square meters of the 1,565 square meters of the Seo-gu, Daegu-gu D Forest, as indicated in paragraph (1) of the attached Table 1, and completed the registration of ownership transfer in its name on December 17, 2015.

On the other hand, H purchased 1/2 of the remaining 1/2 shares of the above real estate from C on the same day, and completed the registration of ownership transfer in its name on December 17, 2015.

(2) On January 22, 2016, Plaintiff B purchased 1/2 shares out of 1,015 square meters of 1,015 square meters of Seogu-gu G forest, Seo-gu, Daegu, as indicated in paragraph (2) of the attached Table 1, and completed the registration of ownership transfer in its name on February 16, 2016.

On the other hand, H purchased the remaining 1/2 shares of the above real estate from C on the same day, and on February 16, 2016.

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